JUDGMENT

Appellant is the convict in S.C.No.236/2010 on the file of the III Additional Sessions Court, Thodupuzha. By the judgment dated 25.05.2011 he stands convicted and sentenced for offence punishable under Sections 452, 341, 323, and 308 IPC. Under Section 452 IPC he is sentenced to undergo simple imprisonment for two years and also fined Rs.1,000/-, in default to undergo simple imprisonment for one month. For the offence punishable under Section 341 IPC, he has been sentenced to undergo simple imprisonment for fifteen days and fined Rs.250/-, in default, simple imprisonment for one week; for offence under Section 323 IPC he has been sentenced to undergo simple imprisonment for six months and also fined Rs.500/-, in default to undergo simple imprisonment for two weeks. Lastly, for the offence under Section 308 IPC he has been sentenced to undergo simple imprisonment for 2½ years and also fined Rs.1,000/-, in default to undergo simple imprisonment for one month. The substantive sentences have been directed to run concurrently. It is further stated that when the fine amounts are collected, Rs.2,500/- shall be paid as compensation to PW4, the wife of the injured. Aggrieved by the same, the convict has moved this Court under Section 374 of the Code of Criminal Procedure, hereinafter referred to as the Cr.P.C.

2. The Sessions Case had originated on a final report laid by the Sub Inspector of Police, Santhanpara police station in Idukki district which was registered on 9.01.2010 alleging offence punishable under Sections 452, 341, 294(b) and 323 IPC on the basis of the First Information Statement given by the son of the injured Bhaskaran. After investigation the charge sheet was laid before the Judicial First Class Magistrate Court, Nedumkandam where the case was taken on file as CP 47/2010. By the time Section 308 IPC was also incorporated. Since it is a case triable exclusively by Court of Session, the Magistrate committed the case, after completing all the procedural formalities, to the Sessions Court, Thodupuzha from where it was made over to the trial court.

3. The precise allegation against the appellant/accused is that on

6.01.2010 at about 5 pm, after making preparations, he trespassed upon the residence, Kezhaplackal house of the injured bearing No.UMP XIII/88 of Udumbanchola in Chemmannur kara, caught hold of Bhaskaran the injured, who was about 73 years old, on his loins and thus wrongfully restrained him. He was dragged to the verandah of the house and was beaten on his left side of the neck and then was pushed down to the court yard from the verandah and thus caused him injuries. But for the timely intervention made by the witnesses the appellant would have stamped him and caused his culpable homicide. The crime was registered on the basis of the first information statement given by Manoj the son of the injured and, as stated earlier, on completion of investigation the charge sheet was laid before the court.

4. The said Bhaskaran died on 04.02.2010, at his residence, about one month after the incident. The police could not record the statement of the injured, as after the incident he became speechless.

5. On appearance before the trial court, after hearing counsel on both sides, when the charge was framed, read over and explained, the appellant pleaded not guilty. He was on bail. He was defended by a counsel of his choice. On the side of the prosecution, eight witnesses were examined and Exts.P1 to P7 were marked. On conclusion of the evidence, when examined under Section 313(1)(b) Cr.P.C., the appellant denied all the incriminating materials stated against him. To the penultimate question he said that there was political animosity between himself and PW1 Manoj. He was the branch committee secretary of the CPM whereas the said Manoj was the area committee member. Out of political differences, himself and 14 others resigned from the CPM and joined the Congress party. From that day onwards PW1 was trying to fabricate fal